119.07
Notice of hearing - contents - notice of order of suspension of license - publication of notice - effect of failure to give notice.

Except when a statute prescribes a notice and the persons to
whom it shall be given, in all cases in which section
119.06 of the Revised Code requires
an agency to afford an opportunity for a hearing prior to the issuance of an
order, the agency shall give notice to the party informing the party of the
party's right to a hearing. Notice shall be given by registered mail, return
receipt requested, and shall include the charges or other reasons for the
proposed action, the law or rule directly involved, and a statement informing
the party that the party is entitled to a hearing if the party requests it
within thirty days of the time of mailing the notice. The notice shall also
inform the party that at the hearing the party may appear in person, by the
party's attorney, or by such other representative as is permitted to practice
before the agency, or may present the party's position, arguments, or
contentions in writing and that at the hearing the party may present evidence
and examine witnesses appearing for and against the party. A copy of the notice
shall be mailed to attorneys or other representatives of record representing
the party. This paragraph does not apply to situations in which such section
provides for a hearing only when it is requested by the party.

When a statute specifically permits the suspension of a license
without a prior hearing, notice of the agency's order shall be sent to the
party by registered mail, return receipt requested, not later than the business
day next succeeding such order. The notice shall state the reasons for the
agency's action, cite the law or rule directly involved, and state that the
party will be afforded a hearing if the party requests it within thirty days of
the time of mailing the notice. A copy of the notice shall be mailed to
attorneys or other representatives of record representing the party.

Whenever a party requests a hearing in accordance with this
section and section
119.06 of the Revised Code, the
agency shall immediately set the date, time, and place for the hearing and
forthwith notify the party thereof. The date set for the hearing shall be
within fifteen days, but not earlier than seven days, after the party has
requested a hearing, unless otherwise agreed to by both the agency and the
party.

When any notice sent by registered mail, as required by
sections 119.01 to
119.13 of the Revised Code, is
returned because the party fails to claim the notice, the agency shall send the
notice by ordinary mail to the party at the party's last known address and
shall obtain a certificate of mailing. Service by ordinary mail is complete
when the certificate of mailing is obtained unless the notice is returned
showing failure of delivery.

If any notice sent by registered or ordinary mail is returned
for failure of delivery, the agency either shall make personal delivery of the
notice by an employee or agent of the agency or shall cause a summary of the
substantive provisions of the notice to be published once a week for three
consecutive weeks in a newspaper of general circulation in the county where the
last known address of the party is located. When notice is given by
publication, a proof of publication affidavit, with the first publication of
the notice set forth in the affidavit, shall be mailed by ordinary mail to the
party at the party's last known address and the notice shall be deemed received
as of the date of the last publication. An employee or agent of the agency may
make personal delivery of the notice upon a party at any time.

Refusal of delivery by personal service or by mail is not
failure of delivery and service is deemed to be complete. Failure of delivery
occurs only when a mailed notice is returned by the postal authorities marked
undeliverable, address or addressee unknown, or forwarding address unknown or
expired. A party's last known address is the mailing address of the party
appearing in the records of the agency.

The failure of an agency to give the notices for any hearing
required by sections
119.01 to
119.13 of the Revised Code in the
manner provided in this section shall invalidate any order entered pursuant to
the hearing.